Abbatangelo v Aleckson [2019] NSWDC 430

Abbatangelo v Aleckson [2019] NSWDC 430

The defendant did not establish the requirements of s 99 because Mr Cameron's conduct was not serious neglect, serious incompetence, serious misconduct, improper, unreasonable or negligent. The costs thrown away by the vacation of the hearing were caused by the plaintiff's failure to cooperate and by the inability or unwillingness of Jye Abbatangelo and Justin Brown to be contacted or cooperate, not by conduct for which Mr Cameron was responsible.

Jurisdiction
Australia
Judgment Date
23 August 2019
Procedural Posture
Civil Costs Motion for Personal Costs Order Against Former Solicitor Pursuant to S 99 of the Civil Procedure Act 2005 (nsw) / Ruling on Defendant's Notice of Motion Filed on 27 February 2018 After the Hearing Listed for 26 February 2018 Was Vacated
Outcome
Defendant's Notice of Motion dismissed; defendant ordered to pay Mr Cameron's costs of the Notice of Motion.
Legal Topics
['personal Costs Orders Against Legal Practitioners' 'costs Thrown Away by Vacation of Hearing' 'serious Neglect, Serious Incompetence or Serious Misconduct' 'improper, Unreasonable or Negligent Conduct']
['civil Procedure' 'costs' 'legal Profession'] ['personal Costs Orders Against Legal Practitioners' 'costs Thrown Away by Vacation of Hearing' 'serious Neglect, Serious Incompetence or Serious Misconduct' 'improper, Unreasonable or Negligent Conduct']

Case Brief

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Procedural Posture

Civil Costs Motion for Personal Costs Order Against Former Solicitor Pursuant to S 99 of the Civil Procedure Act 2005 (nsw) / Ruling on Defendant's Notice of Motion Filed on 27 February 2018 After the Hearing Listed for 26 February 2018 Was Vacated

Legal Issues

  1. 1 ["Whether the defendant's costs of the mentions on 21 and 23 February 2018 and costs thrown away by the vacation of the hearing should be paid personally by Mr Donald Stuart Cameron under s 99 of the Civil Procedure Act 2005 (NSW)." "Whether Mr Cameron's preparation for hearing and late withdrawal constituted serious neglect, serious incompetence, serious misconduct, improper conduct, unreasonable conduct or negligent conduct." 'Whether the costs thrown away were incurred in circumstances for which Mr Cameron was responsible.']

Ratio Decidendi

The defendant did not establish the requirements of s 99 because Mr Cameron's conduct was not serious neglect, serious incompetence, serious misconduct, improper, unreasonable or negligent. The costs thrown away by the vacation of the hearing were caused by the plaintiff's failure to cooperate and by the inability or unwillingness of Jye Abbatangelo and Justin Brown to be contacted or cooperate, not by conduct for which Mr Cameron was responsible.

Court Disposition

Defendant's Notice of Motion dismissed; defendant ordered to pay Mr Cameron's costs of the Notice of Motion.

Orders

  • ["Dismiss the defendant's Notice of Motion filed on 27 February 2018." 'Order the defendant to pay the costs of the respondent Donald Stuart Cameron of the Notice of Motion.']